Court : Delhi
Decided on : May-31-2013
..... and being a later special statute would prevail over the pfa act which was an earlier general statute. the learned senior counsel, in this regard, has cited the decisions of supreme court in ashok marketing vs. punjab national bank, (1990) 4 scc 40.and municipal corporation of delhi vs. shiv shanker (1971) 1 scc ..... directors. (c) in view of the irregularities in the said enactments, the petitioner company was in a quandary whether to follow the ims act or the pfa act as certain provisions in the former were inconsistent with those of the latter. as such it was not possible for the petitioner company to comply ..... and also prescribed several measures to control the marketing and promotion of infant milk substitutes, feeding bottles, teats and infant foods. therefore, the ims act was specifically aimed towards boosting breast feeding through mothers and to ensure that in the marketing of infant milk substitutes no impression is given that ..... 442.it is further submitted that rule 37 b of the pfa rules was introduced as a stop-gap measure to fill in the lacunae which was later on cured by the enactment of the ims act ..... . therefore, after the ims act came .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-04-2013
..... -barred. placing reliance on the decision of the privy council in hansraj gupta v. dehra dun mussoorie electric trampway co. ltd.6 and the decisions in new delhi municipal committee v. kalu ram7 and punjab natioinal bank v. surendera prasad sinha8 the supreme court interpreting the words 'amount due' in section 71 of the kerala revenue recovery ..... against the guarantor within the period of limitation the liability against him having been crystallized on 28.3.1990, the proceedings initiated against the petitioner under the revenue recovery act are barred by limitation and without jurisdiction. as already stated the supreme court in maharashtra state financial corporation v. ashok k. agarwal and others categorically held that the ..... from the industrial trust fund constituted under the hyderabad industrial trust fund rules, 1347 hizri. in the year 1965, the government initiated proceedings under the madras revenue recovery act to recover the dues. it was argued before the learned single judge that the industrial trust fund rules under which the appellant therein was granted loan did not provide ..... commenced for realization of the dues by sale of mortgaged properties within limitation. the further proceedings for realization of the balance amount by taking recourse to the revenue recovery act is only continuation of the process of recovery proceedings initiated earlier. therefore, the contention of the petitioner that the claim of the 1st respondent corporation against the company is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-25-2013
..... prevails at the date of its decision or at the date of filing of the appeal.11. sri srinivas, learned counsel for the petitioner, also relied on municipal committee, hoshiarpur v. punjab state electricity board, 4, wherein the apex court dealing with the conditions precedent for the exercise of the power under section 100 of the code of civil procedure ..... professional etiquette and ethics of the practitioners. the rules regulating the procedure at an enquiry under sections 15 and 17 of the andhra pradesh medical practitioners registration act 1968 or the act itself make no reference to the concurrent jurisdiction of the medical council of india under the 2002 regulations in this regard though the regulations apply throughout the ..... of physicians to their patients, duties of physicians in consultation, responsibilities of physicians to each other, duties of physician to the public and to the paramedical profession, unethical acts and misconduct, the punishment and disciplinary action were provided only in chapter-8 under regulation-8. these regulations refer to the state medical council/the medical council of india ..... that the rights of the parties are prescribed on the date of the institution of the suit and subsequent amendment would not affect the pending proceedings unless the amending act either expressly or by necessary implication gives retrospective effect to the amended provisions, made a distinction between an amendment dealing with the substantive rights of the parties which .....Tag this Judgment!
Court : Orissa
Decided on : Jul-24-2013
..... well-settled that trade in liquor is considered inherent, noxious and pernicious. there is no fundamental right to trade in intoxicating liquor. [see state of punjab and another vs. devans modern breweries ltd. and another, (2004) 11 scc 26.khoday distilleries ltd. and others vs. state of karnataka and others ..... see anisminic ltd. v. foreign compensation commission42. and, of course, if the body acts in bad faith or for an ulterior object, which is no.authorised by law, its decision will be set aside. see sydney municipal council v. campbell 43. in exercising these powers, the courts will take into account ..... of the parties.51. the first ground of challenge is that the state government is no.authorised under section 29(2) of the act to introduce the process of e-auction as under the said provision the legislature has no.empowered the authority to implement the modality for ..... order in judicial review proceedings where the court concludes that the decision is such that no authority properly directing 28 itself on the relevant law and acting reasonably could have reached it. (associated provincial picture houses ltd. v. wednesbury corpn. 31, per lord greene, m.r.) .99. two other ..... excise policy and the order suffers from gross infirmity, arbitrariness, unreasonableness, discrimination and the same has the tendency of overriding various provisions of the act and rules made thereunder.4. per contra, opposite party-state has filed counter affidavit in w.p.(c) no.8084 of 2013 taking .....Tag this Judgment!
Court : Delhi
Decided on : Oct-25-2013
..... and maintenance. 8.2 it appears that on 14.11.2006, the building in which the demised premises were located, was sealed by the municipal corporation of delhi (mcd). this action of the mcd resulted in the petitioner s business coming to a sudden halt. the petitioner claims that ..... only by a document complying with prescribed conditions as to attestation, registration etc., (sections 54, 59, 107 etc., of the transfer of property act), such provisions must be deemed to have been enacted on grounds of public policy and courts should not, in my opinion, be astute in creating ..... and attestation of documents. but where a document is not merely made inadmissible in evidence (wholly or for certain purposes as in the registration act, section 49 clause (c), but the legislature has further enacted that a document not registered shall not affect any immoveable property comprised therein or ..... properly stamped, the admission cannot be called in question after-wards in the suit, (see section36) and that criminal courts might ignore the stamp act, (section 33 clause 2(a)). most unstamped and insufficiently stamped documents could also be made admissible in evidence on the payment of the proper ..... the 2004 lease, did not require a registration under the provisions of the registration act, 1908 (in short registration act). in support of this submission, reliance was placed on the following judgments: gita ram vs sadhu singh (1967) punjab law report 572 and bhoop singh vs ram singh major & ors. 1995 (5 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2013
..... board relied upon the following judgments. hari shankar & ors. vs. dy. excise & taxation commissioner & ors., (1975) 1 scc737 shyam lal & ors. vs. state of punjab, (1977) 1 scc336and state bank of haryana & ors. vs. jage ram & ors., (1980) 3 scc599 51. we reject the submission of the appellant for two reasons ..... effect from such date as the central government may, by notification in the official gazette, appoint there shall be constituted for the purposes of this act an authority to be called the tariff authority for major ports. (2) the authority shall be a body corporate by the name aforesaid having ..... demonstrated by the appellants. therefore, it must be held that none of the appellants have any indefeasible right of renewal either under the easements act or under the above mentioned policy.43. however, that does not mean that a public body like the respondent board can arbitrarily decline to ..... body (statutory corporation) performing important public functions. in the matter of creating rights and/or conferring privileges such a body is required to act in public interest under some rational policy. we have already noticed that the board is bound by the policy directions given by the government ..... of the property belonging to the board. the relevance of the said sub-section will be discussed later.7. chapter ix of the act contains provisions which authorise the government of india to exercise supervisory control as specified in the various provisions of the said chapter over the .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-19-2013
..... section 6, parliament has clearly evidenced an intention to the contrary." the same proposition was laid down by the apex court in qudrat ullah vs. municipal board, bareilly, (1974) 1 scc 202. following was laid down by the apex court in paragraph 18 which is to the following effect: " ..... , expressly or by implication, by the repealing enactment (vide halsbury's laws of england, vol. 36 paragraph 714). the u. p. general clauses act (act 1 of 1904) provides for the consequences of a repeal under section 6. the relevant parts of which may be reproduced here: "6. effect of ..... being taken up together. before we answer the above issues, it is necessary to look into the statutory schemes of the act, 1976 and the repeal act, 1999. act, 1976 was enacted to provide for imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land ..... acquired, accrued or incurred under any enactment so repealed; or (e) affect any remedy, or any investigation or legal proceeding commenced before the repealing act shall have come into operation in respect of any such right, privilege, obligation, liability; penalty, forfeiture or punishment as aforesaid: and any such remedy ..... no power to repeal or amend the act unless resolutions are passed by two or more state legislatures as required under clause (2) of article 252. 3. the legislature of haryana and punjab have passed resolutions empowering parliament to repel the act in those states. the act, in the first instance will be .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-17-2013
..... commander, lt. gen. g.o.c.h.q. 15 corps. 1987 labour industrial cases 860 and the single bench decision of the high court of punjab and haryana in g.s. sandhu v. uoi and ors. 2002 (2) slr 120. there is, in the light of the above authoritative pronouncements, ..... course of action cannot, but be described as ex facie unacceptable and arbitrary. in such a situation, one cannot help, but regard such unexplained act as an act of arbitrariness and reflective of bias, prejudice and mala fide. 76. while respondent nos. 4 and 5 have been treated with favour as ..... authority exercises its power to hold such an enquiry and whenever the enquiry affects the character or service reputation of a person subject to the air force act, 1950, then, compliance with the requirements of the provisions, embodied in rule 156(2), would be mandatory. 130. while considering the question of ..... the corrupt mr. m singh should be punished for sexually exploiting wives of his colleagues. he must be awarded an exemplary sentence for his acts. please wake up and act. true and patriotic indians. ? 62. it has been submitted, with considerable force, by mr. choudhury, learned counsel, that the policy decision ..... counts. (viii) the court of inquiry, according to the respondents, conducted the proceeding strictly in compliance of the various provisions contained in air force act and the rules framed thereunder and, thus, the proceedings, in question, its finding as well as all subsequent actions cannot be set aside and quashed .....Tag this Judgment!
Court : Chennai
Decided on : Sep-30-2013
..... the said vacant land measuring 2 acres 69,54 cents was laid into a layout of housing plots in the year, 1986 and it was also approved by the kodaikanal municipality in approval number 104/86. the said land had been laid into 27 housing plots. the mahalakshmi textile mills limited had sold most of the housing plots before the ..... 'esi'), employees' provident fund organization (for short 'epfo'), the commercial taxes department of the state government, the tamil nadu industrial investment corporation (for short 'tiic') and various banks including punjab nation bank (for short 'pnb'), indian bank, icici bank limited, etc., the company owed huge amount towards salary, statutory and other benefits to the workmen and also the employees of ..... steps would be taken to realise the amount under this schedule.9. general bar to jurisdiction of civil courts, save where fraud alleged. except as otherwise expressly provided in this act, every question arising between the tax recovery officer and the defaulter or their representatives, relating to the execution, discharge or satisfaction of a certificate, or relating to the confirmation ..... five lakhs forty three thousand one hundred and thirty one only) including bonus, gratuity, compensation etc.. 21.1. there were also proceedings before the official liquidator under the companies act against mtml. ultimately, an amount of rs.3,58,80,890/- (rupees three crores fifty eight lakhs eighty thousand eight hundred and ninety only) was paid to the commercial .....Tag this Judgment!
Court : Chennai
Decided on : Sep-07-2013
..... court cannot correct the defect or supply the omission union of india v. deoki nandan aggarwal [1992 supp (1) scc323 and shyam kishori devi v. patna municipal corpn. [air1966sc1678 62. in sri jeyaram educational trust & ors., v. a.g.syed mohideen & ors. reported in 2010 cij273sc (1), it is ..... binding precedent by itself would not constitute a binding precedent and may be held to have been rendered per incuriam.99. in state of punjab v. devans modern breweries ltd., reported in (2004) 11 scc26 the hon'ble supreme court explained the doctrine of precedents and when ..... this is clear from the statement of objects and reasons which was kept in view for bringing about the amendment of the said act by amendment act 68 of 1984. by the said amendment section 17(3-a) was brought on the statute. therefore, the provision of section ..... industries department, is directed to issue appropriate directions to all the district collectors and the authorities under the mines and minerals (development and regulation) act, 1952, tamil nadu minor and mineral concession rules, 1959 and tamil nadu prevention of illegal mining, transportation and storage of minerals and mineral dealers ..... additional government pleader, submitted that in exercise of the powers conferred under section 23(c)(1) of the mines and minerals (development and regulation) act, 1957, the government have framed the tamil nadu prevention of illegal mining, transportation and storage of minerals and mineral dealers' rules, 2011 (hereinafter .....Tag this Judgment!